Reka Mathew v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE Reka Mathew ... Petitioner Vs.

1.The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002 Tamil Nadu.

2.The Passport Officer, Passport Seva kendra, C/o Animal Husbandry Complex, Maraimalai Adigal Salai, Puducherry.

3.The State of Tamil Nadu by the Inspector of Police, C.C.B-II, Chennai-600 008 ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents 1 and 2 1/6

herein to consider my Passport Application reference No.23-2001035050, dated 09.03.2023 in the light of the Judgement of this Court in Venkatesh Kandasamy -vs- Government of India reported in AIR 2015 Mad 3 within a time frame fixed by this Court.

For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.C.Kulanthaivel Senior Panel Counsel for R1 and R2 Mr.N.Muthuvel Government Advocate (Crl.Side) for R3

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner, an Indian passport holder and currently resident of the United Kingdom, has applied for renewal of her passport at the Indian Embassy at the United Kingdom.

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3.Mr.C.Kulanthaivel, learned Special Panel Counsel takes notice for the respondents 1 and 2.

4.Mr.N.Muthuvel, learned Government Advocate(Crl.Side) takes notice for the third respondent.

5.1 The learned counsel for the respondents 1 and 2 submitted that in the course of the enquiry, it has come to light that the petitioner is arrayed as an accused in Crime No.105 of 2018 for the offenses under Section 12(1)(b), 12(2) of the Passport Act, 1967 and Section 420, 468 and 471 of IPC. 5.2 The learned counsel for the respondents 1 and 2 also made a statement on instruction that an application was made by the petitioner only before the Indian High Commission in the United Kingdom, and the High Commission has now sought certain information from the Passport Authority. 6.The learned counsel for the petitioner submitted that the petitioner's passport may be renewed, at least temporarily, until June 2024 to enable her 3/6

to complete her course and return to India. Now, this is for the Indian High Commission in the United Kingdom to take a call. 7.The third respondent is forthwith required to share all the information with the Passport Authorities, who in turn will forward the same to the Indian High Commission within 24 hours, since the petitioner faces deportation to India after 09.09.2023.

8.This writ petition stands closed accordingly. No costs. 07.09.2023 Anu Index : Yes / No Note to office:Issue order copy on 07.09.2023 To.

1.The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002 Tamil Nadu.

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2.The Passport Officer, Passport Seva kendra, C/o Animal Husbandry Complex, Maraimalai Adigal Salai, Puducherry.

3.The State of Tamil Nadu by the Inspector of Police, C.C.B-II, Chennai-600 008 4.The Public Prosecutor High Court, Madras 5/6

N.SESHASAYEE, J.

Anu 07.09.2023 6/6